Law Project for Psychiatric Rights v. State
of Alaska
(Case No. 3AN 08-10115 CI)
In this lawsuit PsychRights sought declaratory and
injunctive relief that Alaskan children and youth have the right not to be
administered psychotropic drugs unless and until:
(i) evidence-based psychosocial interventions have been exhausted,
(ii) rationally anticipated benefits of psychotropic drug treatment
outweigh the risks,
(iii) the person or entity authorizing administration of the drug(s) is
fully informed, and
(iv) close monitoring of, and appropriate means of responding to,
treatment emergent effects are in place,
and that all children and youth currently receiving such drugs
be evaluated and brought into compliance with the above.
The
trial court
decided PsychRights lacked standing and the case should be dismissed and the
Alaska Supreme Court
affirmed the
dismissal on October 1, 2010, including the approximately $4,000 attorney
fee award against PsychRights.
Supreme Court Case No.
S-13558
- Notice of
Appeal, June 30, 2009
- Points on
Appeal, June 30, 2009
- Opening
Brief, November 12, 2009
- State Brief,
January 22, 2010. 6 Megabyes
- Reply Brief,
February 16, 2010.
-
Supreme Court Opinion affirming dismissal, October 1, 2010.
Superior Court Case No. 3AN 08-10115 CI
-
Amended Complaint, through April 14, 2009 Amendment (2 Megabytes)
- Entry of
Appearance, September 18, 2008
- Initial
Pretrial Order, September 25, 2008
- Answer, October 13,
2008. (3 megabytes)
-
Amended Routine Pretrial Order, October 23, 2008
- Amendment
to Paragraph 22 of Amended Complaint, November 24, 2008.
-
Motion for Qualified Protective Order (HIPAA), January 30, 2009,
-
Opposition to Motion for Qualified Protective Order, February 4, 2009.
- Reply re: Motion
for Qualified Protective Order, February 9, 2009.
- Order Denying
Motion for Qualified Protective Order at this time, February 10, 2009.
- Motion
for Expedited Consideration of Motion for Stay of Discovery, March 12,
2009.
-
Motion for Stay of Discovery, March 12, 2009
-
Motion for Judgment on the Pleadings, March 12, 2009.
-
Opposition to Motion for Expedited Consideration, March 17, 2009.
- Order
Granting Expedited Consideration, March 18, 2009.
- Opposition to Motion to
Stay Discovery (with Exhibits), (63 Megabytes) March 24, 2009.
- Reply Re
Motion to Stay Discovery, March 27, 2009.
-
Opposition to Motion for Judgment on the Pleadings, March 31, 2009
- Exhibit 1
June, 2008, CriticalThinkRx Curriculum, June, 2008 (19
Megabytes)
- Exhibit 2
Facing Foster Care in Alaska Report on Mental Health Services, November 2008.
(1 Megabyte)
- Exhibit 3
Curriculum Vitae of James B. (Jim) Gottstein, Esq., September 12, 2008
- Exhibit 4
Appointment of James B. Gottstein to the Probate Rules Subcommittee on
Involuntary Commitments and the Involuntary Administration of Psychotropic
Medication, June 28, 2007.
- Exhibit 5
Washington Post Article, "Debate Over Drugs For ADHD Reignites Long-Term
Benefit For Children at Issue," March 27, 2009
- Order
Granting Stay of Discovery, March 31, 2009.
-
Motion to Amend Complaint (Citizen-Taxpayer Standing/Medicaid Injunction),
April 3, 2009.
-
Qualified Non-Opposition to Motion to Amend Complaint, April 10, 2009.
- Reply
Re: Motion for Judgment on the Pleadings, April 10, 2009.
- Order
Granting Motion to Amend Complaint (Citizen-Taxpayer Standing/Medicaid
Injunction), April 14, 2009.
-
Transcript of Decision Denying Standing and Dismissing Complaint, May
27, 2009.
- Order Dismissing
Complaint, May 27, 2009.
- Notice
of Proposed Final Judgment, June 3, 2009.
- Final Judgment,
June 16, 2009
- Order
Granting Attorney's Fees, July 29, 2009.
Discovery
Documents
General Information/Media
-
Alaska Admits It Is
Incapable of Protecting Children and Youth in Its Care from Harmful
Psychiatric Drugging, March 31, 2009.
-
The vast majority of the scientific evidence behind the
lawsuit and remedies come from
CriticalThinkRx.Org.
-
If you end up
in jail, and are given dangerous drugs, the State of
Alaska denies responsibility for damage to your health,
The Teen Beat, April 2009.
-
Alaska
Admits It Is Incapable of Protecting Children and Youth
in Its Care from Harmful Psychiatric Drugging,
The Teen Beat, April 1, 2009.
-
A Hero Protects America's Children from Psychiatric
Abuse, Dr. Peter Breggin on the Huffington Post
Blog, February 4, 2009.
-
Psychiatric Drugging of Children - Intolerable, by
Evelyn Pringle, Holistic Junction, February 13,
2009.
-
Lawsuit
Challenges Alaska Drugging of Youth in State Custody,
The Teen Beat, February 1, 2009
-
Facing Foster Care in Alaska report on Mental Health
Services and Foster Care.
-
Foster kids say medication is overprescribed;
Legislative Meeting: Youths and graduates of the system
offer alternatives, by Lisa Demer, Anchorage
Daily News, November 15, 2008.
-
News Release,
September 2, 2008
- Questions and
Answers
Attempts to Get Policy
Makers to Address the Problem
-
August 22, 2008, e-mail to
Assistant Attorney General Stacy Kraly, with a copy to Attorney General Colberg.
-
August 20, 2008, e-mail
from Steve Van Goor, Bar Counsel, Alaska Bar Association
-
August 20, 2008, e-mail to
Assistant Attorney General Stacy Kraly, with a copy to Attorney General Colberg.
-
June 11, 2008, E-mail to
Bill Hogan, et al.
-
March 4, 2008, response from Commissioner
Jackson.
-
February 4, 2008, letter to Governor
Palin.
-
Available 2005-2007 Alaska Behavioral
Pharmacy Management Program Reports for Children Under 18. 13 Megabytes
-
October 9, 2007, Letter from Senator
Bettye Davis to Department of Health and Social Services Commissioner Jackson
-
October 2, 2007, Response to September 27th
letter.
-
September 27, 2007, Letter to Commissioner
Jackson under the Freedom of Information Act.
-
March 22, 2007, Letter from
Commissioner Jackson responding to Jim Gottstein's March 14, 2007, e-mail.
-
March 14, 2007, e-mail from Jim Gottstein to
Governor Palin and other
Alaska policymakers.
-
March 9, 2007, e-mail from Jim Gottstein to the
Judiciary Committee of the Alaska House of Representatives, copied to Governor
Palin and other Alaska policymakers.
-
Out Of Sight, Out Of Mind, by Katy Parrish,
insurgent49, November 4, 2005
-
December 10, 2004, Letter to Sen. Dyson and Rep.
Wilson calling for an investigation into the abuse of Alaska children in state
custody by improper administration of psychiatric medications.
Last modified 10/1/2010
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